South Carolina General Assembly
109th Session, 1991-1992

Bill 1413


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    1413
Primary Sponsor:                Nell W. Smith
Committee Number:               11
Type of Legislation:            GB
Subject:                        Child endangerment,
                                provisions
Residing Body:                  Senate
Current Committee:              Judiciary
Companion Bill Number:          4517
Computer Document Number:       BR1/2208.AC
Introduced Date:                Mar 19, 1992
Last History Body:              Senate
Last History Date:              Mar 19, 1992
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Nell
                                W. Smith
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 1413  Senate  Mar 19, 1992  Introduced, read first time,    11
                             referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS RECKLESS HOMICIDE OR CERTAIN OTHER DRUG AND ALCOHOL RELATED MOTOR VEHICLE OFFENSES AND A MINOR WAS A PASSENGER IN THE VEHICLE AT THE TIME OF THE OFFENSE, THE PERSON IS GUILTY OF THE OFFENSE OF CHILD ENDANGERMENT AND MUST BE PENALIZED BY A MANDATORY FINE OR IMPRISONMENT NOT LESS THAN ONE-HALF OF THE MAXIMUM FINE OR IMPRISONMENT GIVEN FOR THE ORIGINAL OFFENSE, TO PROVIDE THAT THE ARRESTING OFFICER SHALL PROCEED WITH CERTAIN PROCEDURES RELATED TO TEMPORARY SUPERVISION IN EMERGENCY PROTECTIVE CUSTODY, AND TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO OTHER OFFENSES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 56-5-2947. (A) A person is guilty of child endangerment when:

(1) the person is in violation of:

(a) Section 56-5-2910 and the violation was committed while the person was under the influence of alcohol, drugs, or alcohol and drugs;

(b) Section 56-5-2930; or

(c) Section 56-5-2945; and

(2) a minor was a passenger in the motor vehicle when the violation occurred.

(B) Upon conviction the person must be punished by:

(1) a mandatory fine of not less than one-half of the maximum fine allowed for committing the violation enumerated in subsection(A)(1);

(2) a mandatory sentence of not less than one-half of the maximum sentence allowed for committing the violation enumerated in subsection (A)(1); or

(3) a mandatory fine of not less than one-half of the maximum fine allowed and a mandatory sentence of not less than one-half of the maximum sentence allowed for committing the violation enumerated in subsection (A)(1).

(C) No portion of the penalty assessed under subsection (B) may be suspended or revoked and probation may not be awarded.

(D) When a person is arrested pursuant to this section, the arresting officer shall proceed with the procedures and requirements of Section 20-7-610(B) as related to temporary supervision in emergency protective custody.

(E) A person may be convicted under this section for child endangerment in addition to being convicted for an offense enumerated in subsection (A)(1)."

SECTION 2. This act takes effect upon approval by the Governor.

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